State v. Orr

The defendant contends that the trial court committed error (1) by overruling his motion to dismiss; and (2) by giving the jury conflicting instructions as to the quantum of proof necessary to convict. All other exceptions and assignments of error are abandoned.

The prosecuting witness, a woman 57 years of age, testified for the State, detailing circumstances sufficient to go to the jury and to sustain its verdict. The victim was well acquainted with the defendant. She made complaint to the members of her family and to the sheriff at the first opportunity. The story she told them immediately…